President Donald Trump's former personal attorney Alina Habba said Monday she is resigning as the top federal prosecutor for New Jersey, giving up her fight to stay in the job after an appeals court said she had been serving in the post unlawfully.
In a statement posted on social media, Habba assailed the court's ruling as political, but said she was resigning "to protect the stability and integrity" of her office.
"But do not mistake compliance for surrender," she said, adding that the administration would continue its appeal. "This decision will not weaken the Justice Department and it will not weaken me."
Habba said she would remain with the Justice Department as a senior adviser to U.S. Attorney General Pam Bondi.
Habba, 41, was appointed in March to serve a temporary term as acting U.S. attorney for New Jersey, a powerful post charged with enforcing federal criminal and civil law.
Once a partner in a small New Jersey law firm, Habba was among Trump's most visible legal defenders during the four years he was out of power, representing him in court and frequently appearing on cable TV news as his "legal spokesperson."
New Jersey's two Democrat senators indicated they would block her confirmation in the U.S. Senate.
When her term expired in July, a panel of federal judges appointed one of her subordinates to the role instead. But Bondi promptly fired the replacement, blaming Habba"s removal on "politically minded judges."
A lower-court judge's finding that Habba was unlawfully serving in the position soon triggered a monthslong legal standoff, prompting confusion and delays within New Jersey's federal court system.
Then, earlier this month, a federal appeals court in Philadelphia disqualified her from serving in the role, writing in their opinion that "the citizens of New Jersey and the loyal employees in the U.S. Attorney's Office deserve some clarity and stability."
Habba is one of several Trump administration prosecutors whose appointments have faced challenges.
The Justice Department had vowed to appeal a judge's ruling dismissing the criminal cases against former FBI Director James Comey and New York Attorney General Letitia James on the grounds that the prosecutor who filed the charges, Lindsey Halligan, was unlawfully appointed as interim U.S. attorney for the Eastern District of Virginia.
It is unclear whether the administration's decision to abandon the fight to keep Habba in office may impact other U.S. attorneys whose appointments have been challenged by defense lawyers.
In a statement posted on X on Monday, Bondi and Deputy Attorney General Todd Blanche accused judges of engaging in an "unconscionable campaign of bias and hostility" against Halligan for questioning why she was still being identified as U.S. attorney on court documents.
Here is the full Habba statement dated and posted Monday to X:
"For the past five years, I've fought for justice on behalf of the American people, and in my tenure under our great Attorney General Pam Bondi and Deputy Attorney General Todd Blanche, we made New Jersey safer.
"Camden had its first murder-free summer in 50 years. We drove down crime, took violent offenders off the streets, caught terrorists, and put away child predators.
"While I was focused on delivering real results, judges in my state took advantage of a flawed blue slip tradition and became weapons for the politicized left.
"For months, these judges stopped conducting trials and entering sentences, leaving violent criminals on the streets. They joined New Jersey senators, who care more about fighting President Trump than the well being of residents which they serve.
"For four years, I fought against lawfare aimed at President Trump and against politics infecting our justice system. What these obstructionists misunderstood is that my loyalty is not to politics, a title, or a ZIP code. It is to this great country.
"As a result of the Third Circuit's ruling, and to protect the stability and integrity of the office which I love, I have decided to step down in my role as the U.S. Attorney for the District of New Jersey.
"But do not mistake compliance for surrender. This decision will not weaken the Justice Department and it will not weaken me.
"My fight will now stretch across the country. As we wait for further review of the courts ruling, I will continue to serve the Department of Justice as the Senior Advisor to the Attorney General for U.S. Attorneys.
"Make no mistake, you can take the girl out of New Jersey, but you cannot take New Jersey out of the girl."
The Associated Press contributed to this report.
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